Reducing Jail Time for First-Time Drug Conspiracy Offenders

The war on drugs has led to extremely long prison sentences for nonviolent drug offenders. Conspiracy charges in particular can lead to mandatory minimum sentences of 10 years or more, even for first-time offenders who played minor roles. While the goals of deterring drug activity and punishing wrongdoing are understandable, these lengthy sentences may be disproportionate and ineffective. Reducing sentences for certain first-time conspiracy offenders could help make punishments more equitable while still holding people accountable.

The Problem with Conspiracy Charges

Conspiracy charges are commonly used in drug cases to go after groups of defendants involved in trafficking. Unlike possession or distribution charges tied to specific drug amounts, conspiracy charges don’t require proof that a defendant handled drugs directly. Prosecutors just have to show that a defendant agreed to participate in some way . This gives law enforcement broad power to go after entire networks, but it can also sweep up girlfriends, street dealers, and others with minor roles.

The penalties for drug conspiracy are driven by the total drug weight involved in the whole operation. So a defendant’s own actions don’t matter–someone who never touched the drugs but acted as a lookout or driver can face the same sentence as the ringleader. With large operations involving hundreds of pounds of drugs, mandatory minimums can put low-level conspirators away for decades.

Mandatory Minimums Are Particularly Harsh

Mandatory minimum sentencing laws force judges to impose long prison terms for certain crimes regardless of circumstances. They were originally aimed at “kingpins,” but have mostly been applied to low-level offenders . Under federal law, a conviction for just 5 grams of meth or 500 grams of powder cocaine triggers a 5-year minimum. Higher drug amounts lead to 10 years or more behind bars .

These laws strip judges of discretion to issue shorter sentences, even for first offenses. The judge’s hands are tied no matter how minor a defendant’s role. The only escape is cooperating against others, which many are reluctant to do.

Long Sentences Don’t Deter Drug Activity

Supporters argue mandatory minimums are needed to deter drug crimes, but research shows long sentences do little to discourage drug trafficking. The U.S. Sentencing Commission found that the severity of punishment had no impact on recidivism rates for drug traffickers. The National Research Council also concluded that harsh sentences have little deterrent effect, because the potential profits outweigh the risks for dealers and organizations can easily replace arrested members .

In fact, locking up low-level offenders for years often produces the opposite effect. It pulls them from jobs and families, weakens their connections to society, and surrounds them with hardened criminals–making them more likely to reoffend when released. Prisons become “schools for learning criminality” rather than deterrence .

Proportional Punishments Are More Effective

Criminology research indicates that punishment certainty has more impact on deterrence than severity. Quickly applying mild, predictable penalties for every offense is more effective than randomly issuing draconian sentences . For low-level conspirators facing decade-long terms, reducing sentences to 1-2 years may do more to discourage further crimes. The punishment is still unpleasant, but more proportional to the offense and easier to comprehend.

Shorter sentences also preserve ties to family that encourage reform. One study found that married drug offenders who maintain family relationships have much lower recidivism rates . More family contact during incarceration also reduces recidivism .

How Sentencing Laws Could Be Reformed

There are several ways mandatory minimums and conspiracy penalties could be reformed to allow for more proportional sentences:

• Creating a “safety valve” to exempt first-time nonviolent drug offenders from mandatory minimums, giving judges discretion.
• Raising drug quantity thresholds that trigger longer mandatory minimums.
• Limiting conspiracy penalties to sentences based on a defendant’s own actions rather than total drug weight.
• Allowing sentences below mandatory minimums for minor participants who provide substantial assistance.

Congress has debated bills incorporating such reforms, but progress has stalled . Some hope the recent overhaul of crack cocaine sentences is a stepping stone to broader reforms.

The Bottom Line

Lengthy mandatory prison terms for nonviolent drug offenders are often excessive and fail to deter crimes. Letting judges issue sentences better aligned with culpability could improve fairness in the justice system. For low-level conspirators facing decade-long terms, reducing sentences to 1-2 years may do more to discourage further criminal activity while avoiding unnecessary misery.

Sources

Definition of Conspiracy
Federal Drug Sentencing Laws Bring High Cost, Low Return
Federal Mandatory Minimum Sentencing Statutes
Mandatory Minimum Penalties for Drug Offenses in the Federal Criminal Justice System
The Growth of Incarceration in the United States: Exploring Causes and Consequences
How Many Americans Are Unnecessarily Incarcerated?
Five Things About Deterrence
How Many Americans Are Unnecessarily Incarcerated?
Social Support Networks and Social Support in Prison Inmate Behavior
Smarter Sentencing Act